Easy2 marksMultiple Choice
Corporate and Business LawSection BSyllabus BObligations
This question is part of a case study — click to read the full scenario(Case 46)

SCENARIO: Quantum Dynamics Ltd (QDL) is a tech startup developing AI cooling systems. On 1 May, QDL wrote to ServerTech Inc offering to buy 50 specialized servers for £100,000, stating 'Please reply by 10 May'. On 5 May, ServerTech posted a letter accepting the offer. On 6 May, QDL found a cheaper supplier and emailed ServerTech revoking the offer. ServerTech's letter of acceptance arrived on 8 May.

Based on the scenario, what is the legal status of QDL's email revocation on 6 May?

ACCA · Question 47 · Corporate and Business Law

SCENARIO: Quantum Dynamics Ltd (QDL) is a tech startup developing AI cooling systems. On 1 May, QDL wrote to ServerTech Inc offering to buy 50 specialized servers for £100,000, stating 'Please reply by 10 May'. On 5 May, ServerTech posted a letter accepting the offer. On 6 May, QDL found a cheaper supplier and emailed ServerTech revoking the offer. ServerTech's letter of acceptance arrived on 8 May.

If ServerTech had instead replied on 5 May stating 'We accept your offer, but the price will be £105,000', what would be the legal effect of this reply?

Answer options:

A.

It would be a valid acceptance, but QDL can dispute the price.

B.

It would be a request for information.

C.

It would be a counter-offer, which destroys QDL's original offer.

D.

It would form a contract at the original price of £100,000.

How to approach this question

Identify the legal definition of a counter-offer.

Full Answer

C.It would be a counter-offer, which destroys QDL's original offer.✓ Correct
An acceptance must be an unconditional assent to all terms of the offer (the mirror image rule). Introducing a new price constitutes a counter-offer, which legally destroys the original offer (Hyde v Wrench), meaning ServerTech could not later change their mind and accept the £100,000.

Common mistakes

Confusing a counter-offer with a request for information (Stevenson v McLean).

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